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RANDOLPH v. STATE

No. A03A0906.

590 S.E.2d 834 (2003)

264 Ga. App. 396

RANDOLPH v. The STATE.

Court of Appeals of Georgia.

December 1, 2003.

Attorney(s) appearing for the Case

Collier & Gamble, Wilbur T. Gamble III, Dawson, for appellant.

Cecilia M. Cooper, Dist. Atty., Richard E. Thomas, for appellee.

RUFFIN, Presiding Judge.

This case addresses the critical issue of the authority of police officers to conduct a warrantless search of a marital residence when, after one spouse refuses, the other spouse grants consent to search the home. Does the latter's consent supersede the first spouse's objection? The trial court concluded that it did, and it denied a motion to suppress. For reasons that follow, we disagree with the trial court and thus reverse.

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